On its face EEOC v. Abercrombie & Fitch, which was recently argued before the Supreme Court, doesn’t have much to do with the ADA and FHA. It has been generally reported as a case concerning religious discrimination, and seems to have little to do with disabilities. Despite this, the Court’s ruling could have a significant impact on how employers and public accommodations handle reasonable accommodation requests. Putting aside the legalese, the question before the Court is whether “don’t ask, don’t tell” is a reasonable way to deal with those whose religious beliefs, or disabilities are not obvious.

A door is just a door, no matter how grand. That is what the Tenth Circuit’s held in Colorado Cross Disability Coal. v. Abercrombie & Fitch Co., 2014 WL 4290589 (10th Cir. 2014) when it reaffirmed what businesses have always believed; that is, that the 2010 Standards and their predecessor the ADAAG are a real safe harbor for business.* This is, of course, the Hollister front porch case that I and many others have blogged about in the past. In it the plaintiffs claim that the raised “front porch” at the center entrance for Hollister stores violates the ADA because it is not accessible (it is reached by steps). They claim that although the entrances that flank it on either side are accessible, the center entrance provides a unique “experience” and so it must be accessible too. The Tenth Circuit has now rejected that claim, holding that the store’s compliance with the 2010 Standards eliminates any claim under the ADA. It’s analysis is worth studying for any business that has been or may be sued under the ADA. More

Richard M. Hunt

Hunt Huey PLLC defends businesses in ADA and FHA accessibility lawsuits as well as advising businesses on how to avoid such lawsuits. For more information about our firm visit the Hunt Huey PLLC web site, hunthuey.com